Polk Sheriff Grady Judd says he’s an avid gun advocate but prefers concealed carry over open carry.
Judd posted a video to YouTube on Sept. 12, explaining the new reality for open carry, just a couple of days after an appeals court ruled the state’s ban on open carry was unconstitutional. In the video, the sheriff warned gun-toting residents to know the state’s laws because even open carry laws come with some restrictions.
On Sept. 10, Florida’s First District Court of Appeals ruled that laws prohibiting open carry are unconstitutional. The ruling officially takes effect Sept. 25, but several jurisdictions throughout the state have announced they would immediately stop enforcing the law.
The ruling came two days after Gov. Ron DeSantis once again called on legislators to allow people to openly carry guns in Florida during a stop in Plant City..
“So as of September 25th, if you open carry a firearm in Florida in a public place, it’s OK,” Judd said in the video.
And since the open carry ban was ruled to be unconstitutional, “starting now our deputies will not arrest nor charge people for openly carrying a firearm unless they are carrying it for the purpose of committing a crime or other unlawful conduct is present,” said Scott Wilder, communications director for the Sheriff’s Office.
This applies to hand guns and long guns, Wilder said.
Later in Judd’s statement, he cautioned, “Understand the law. For example, even with the ruling by the court where you can open carry firearms, as well as the law that allows you to carry firearms concealed, you can’t do it in government buildings, you can’t do it at colleges.”
Judd also warned gun owners to understand the Stand Your Ground laws.
“I’ve seen well-meaning people end up in jail because they pull the firearm or use the firearm in violation of the law thinking they knew what they were talking about,” he said.
He urged gun carriers to gain proficiency in the use of firearms. “Go to the range, know how to use it, know how to safely carry it.”
Even under the open carry ruling, a private business or private residence can restrict an individual from carrying a firearm openly or concealed, he said. So if the business or property owner asks an individual not to bring in a firearm, the individual who remains on the premises could be committing armed trespass, which is a felony.
According to Jacob Orr, chief assistant state attorney for the 10th Judicial Circuit, which covers Polk, Hardee and Highlands counties, “the court ruling … is very recent and will not be final until September 25.”
“The ruling is narrowly focused,” he said. “If and when the ruling becomes final, Florida law would still prohibit carrying firearms in certain scenarios.
“This office will approach each case as we always have and endeavor to enforce Florida law as interpreted by the Courts,” Orr said.
Open carry rulings and laws
In a major decision, a three-judge panel of the First District Court of Appeal said the open-carry ban is incompatible with the nation’s “historical tradition of firearm regulation.” It cited U.S. Supreme Court rulings on Second Amendment issues, according to a report by the USA TODAY Network-Florida, of which The Ledger is a part.
In 2023, Florida passed a law allowing concealed carry without a permit. Under this ruling, that would be extended to all legally owned firearms, concealed or not. No state permit is required to possess or purchase a rifle, shotgun or handgun.
Can Florida residents open carry statewide?
The ruling is not cut and dry. There may be legal challenges to the appeal and the state law is still on the books.
“However, a renewed legislative push in 2026 to change Florida’s laws using this decision is almost guaranteed. The governor could even call for a special session, or the state attorney general could tell law enforcement not to enforce the law pending its repeal,” the report said.
In the video Sept. 12, Judd said he’s a fan and advocate of the Second Amendment, but he had another reason he prefers concealed carry.
“With open carry, you would lose the surprise element,” he said. “Everyone knows you have the firearm, and you may be a target of someone who wants to steal your firearm.
“So personally, I like carrying that firearm concealed, and you can in Florida. But I also understand that some people want to openly carry firearms.”
I just wish he’d enforce FS 316.293, which is on the books but not on Grady’s radar.
I will always prefer to conceal carry along with Grady Judds agreement that if you conceal carry its a form of surprise if and when you are confronted with a life or death situation and you need to use your firearm. .